The IndyBar Legislative Committee is currently monitoring the following estate planning and administration related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at Lawren.Mills@icemiller.com.
Click here to view the full Bill Watch reports.
SB31 PROBATE CODE STUDY COMMISSION. (ZAKAS J) Establishes the probate code study commission (commission). Requires the commission to study and recommend to the general assembly changes that are needed in the probate code (IC 29-1), the trust code (IC 30-4), and other statutes affecting the administration of a decedent's estate, guardianships, probate jurisdiction, trusts, or fiduciaries. Provides for the governor to appoint 11 lay members, including two residents of Indiana who work in the trust department of a bank, trust company, savings institution, or credit union, for the president pro tempore of the senate to appoint three members from the senate, and for the speaker of the house of representatives to appoint three members from the house of representatives. Provides that a legislative or lay member serves a term of two years and may be reappointed to the commission. Provides for the president pro tempore of the senate to appoint a chairperson and vice chairperson in even-numbered years and for the speaker of the house to appoint a chairperson and vice chairperson in odd-numbered years.
SB371 PROBATE MATTERS. (BRAY R) Provides that an individual otherwise qualified for certain property tax deductions for property that the individual occupies as a beneficiary of the trust that owns the property is not required to be considered the owner of the property under the rules of construction for the property tax law for the trust to receive the property tax deduction. Transfers certain inheritance tax duties from the probate court, county assessor, and county treasurer to the department of state revenue with respect to inheritance tax returns filed after March 31, 2016. Provides that a will contest must be initiated in a separate cause of action. Specifies the priority of a personal representative and stepchildren with respect to the disposition of a decedent's body and funeral arrangements. Specifies that a court must consider a standby guardian designation when appointing a guardian. Specifies that for purposes of a guardianship appointment, a person designated a standby guardian is second in priority to a person designated in a durable power of attorney. Specifies how property passes in a transfer on death transfer if the beneficiary disclaims the property. Makes technical corrections.